Court Orders Cell Tower Safeguards for Birds Along Gulf Coast

WASHINGTON, DC, February 19, 2008 (ENS) - A federal appeals court today ordered the Federal Communications Commission to establish safeguards to protect the millions of birds killed each year in collisions with telephone, radio, cellular and other communications towers in the Gulf Coast region.

The U.S. Fish and Wildlife Service estimates that at least five million and up to 50 million birds are killed each year in collisions and other accidents with the tens of thousands of communications towers that have been built across the country. Industry groups say these numbers are overstated.

In its decision, the majority of the three judge panel criticized the Federal Communications Commission, FCC, for refusing to consult with the Fish and Wildlife Service when approving towers along the Gulf Coast.

The court ruled that the FCC must require those seeking tower construction licenses to comply with the Endangered Species Act and the National Environmental Policy Act, which provide guidelines for licensing such structures in order to protect species and limit damage to natural areas and wildlife habitat.

Tens of thousands of communications towers pose hazards to migratory birds. (Photo courtesy Celltowerinfo.com)

"We are very pleased by today's ruling which will require the FCC to assess the environmental impacts of towers," said Darin Schroeder, executive director of conservation advocacy with the American Bird Conservancy, one of the two plaintiff groups. The other is the Forest Conservation Council.

"Given the large number of bird deaths caused by towers, an environmental review is long overdue," he said.

The ruling will require FCC to better protect endangered species by consulting with wildlife experts before permitting decisions are made.

"This is a huge victory for migratory birds and the millions of Americans who love to see them each year," said Schroeder.

However, in his dissenting opinion, Judge Brett Kavanaugh said he would dismiss the environmental groups' lawsuit "as unripe because the FCC, in a separate rulemaking proceeding, is re-examining these environmental issues and considering the effects of communications towers on birds nationwide, including in the Gulf Coast region."

"The Commission has gathered considerable factual information and input from interested parties - including from the petitioners in this case - and the FCC's counsel represented to the Court that the Commission expects to act soon," Judge Kavanaugh wrote.

The court also ruled that the FCC had failed to sufficiently involve the public in its tower approval process.

"The Catch-22 … is that the Commission provides public notice of individual tower applications only after approving them," the court wrote in its decision.

The environmental groups say the situation is critical along the Gulf Coast where thousands of communications towers stand along the 1,000 mile stretch of coastline between Pt. Isabel, Texas and Tampa Bay, Florida. In Texas alone, there are over 10,000 towers.

Towers along this major migratory bird route threaten many different bird species, say the environmental groups. Exhausted from their journey across the Gulf of Mexico, these migrating songbirds collide with towers or the accompanying guy wires.

In some cases, the birds confuse the blinking lights atop the cell towers with the night stars they use to navigate their journey. The birds become disoriented and begin circling the tower until they collapse from exhaustion and fall to the ground.

The public interest law firm Earthjustice brought the case to federal court on behalf of the American Bird Conservancy. Earthjustice attorneys argued that the FCC violated federal law by approving dozens of new towers each year with little or no environmental review.

"The court has clearly directed the FCC to respect national environmental laws when handing out permits for these towers," said Earthjustice attorney Steve Roady. "FCC now must go back and carefully evaluate the environmental impacts of these towers."

Joe Ferrin, spokesman for the Cellular Telecommunications & Internet Association, said the organization had no immediate comment because, "Our attorneys are still reviewing the decision."

Copyright Environment News Service (ENS) 2008. All rights reserved.